Berg Lawsuit Thrown Out - Case Closed
Posted By: Oops on 2008-10-25
In Reply to:
Judge rejects Montco lawyer's bid to have Obama removed from ballot
By MICHAEL HINKELMAN
Philadelphia Daily News
hinkelm@phillynews.com 215-854-2656
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.
Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.
He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.
U.S. District Judge R. Barclay Surrick had denied Berg's request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.
Obama and the Democratic National Committee had asked Surrick to dismiss Berg's complaint in a court filing on Sept. 24.
They said that Berg's claims were "ridiculous" and "patently false," that Berg had "no standing" to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.
Surrick agreed.
In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.
Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."
The judge also said the harm Berg alleged did "not constitute an injury in fact" and Berg's arguments to the contrary "ventured into the unreasonable."
For example, Berg had claimed that Obama's nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)
Berg could not be reached for comment last night.
Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.
Berg said in court papers that the image was a forgery.
The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.
Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4.
LINK/URL: Link To Original Story
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Sure thing....case closed. JM has character....
Obama does not.
Just because someone does not come on after your final barb, doesn't mean I think you're right.
You are largely non-debatable anyway, and one-note choir.
GM also has a lawsuit
against them for the sum of 303,000,000.00 for intentionally mis stating the companies revenies etc in an effort to inflate the stock prices. They officially settled July 21, 2008 and basically admitted they lied. THAT is one of the reasons GM is going under. I sent in my paperwork yesterday to get a piece of that settlement sicne we owned stock in GM.
How does one "plant" a lawsuit?
nm
Lawsuit still breathing...
http://bobmccarty.com/2008/10/21/barack-obama-citizenship-lawsuit-still-breathing/
Lawsuit...Biden's son and brother....
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/23/AR2008082302200.html?dbk
Obama in a lawsuit to prove his
36. Obama is a representative of the Democratic People. However, Obama must meet the Qualifications specified for the United States Office of the President, which he must be a “natural born” citizen. Additionally, Obama must be at least a “naturalized” citizen to hold his Office of U.S. Senator for Illinois. Unfortunately, Obama is not a “natural born” citizen, nor is he a “naturalized” citizen. Just to name one of the problems, Obama lost his U.S. citizenship when his mother married an Indonesian citizen, Lolo Soetoro who legally “acknowledged” Obama as his son in Indonesia and/or “adopted” Obama, which caused Obama to become a “natural” Indonesian citizen. Stanley Ann Dunham Soetoro relocated herself and Obama to Indonesia wherein Obama’s mother naturalized in Indonesia. This is proven by Obama’s school record with the student’s name as “Barry Soetoro”, Father’s name: Lolo Soetoro, M.A., and Citizenship: Indonesia
38. Defendant Obama claims he was born in Honolulu, Hawaii on August 4, 1961 and it is uncertain in which hospital he claims to have been born. Obama’s grandmother on his father’s side, his half-brother and half-sister all claim Obama was born not in Hawaii but in Kenya. Reports reflect that Obama’s mother traveled to Kenya during her pregnancy; however, she was prevented from boarding a flight from Kenya to Hawaii at her late stage of pregnancy (which, apparently, was a normal restriction, to avoid births during a flight). By these reports, Stanley Ann Dunham Obama gave birth to Obama in Kenya, after which she flew home and registered Obama’s birth. There are records of a “registry of birth” for Obama, on or about August 8, 1961 in the public records office in Hawaii.
39. Upon investigation into the alleged birth of Obama in Honolulu, Hawaii, Obama’s birth is reported as occurring at two (2) separate hospitals, Kapiolani Hospital and Queens Hospital. The Rainbow Edition News Letter, November 2004 Edition, published by the Education Laboratory School did a several page article of an interview with Obama and his half-sister, Maya. The Rainbow Edition News Letter reports Obama was born August 4, 1961 at Queens Medical Center in Honolulu, Hawaii. More interesting in February 2008, Obama’s half-sister, Maya, was again interviewed in the Star Bulletin, and this time, Maya states Obama was born August 4, 1961 in Kapi’olani Medical Center for Women & Children.
So far, O chooses to ignore every lawsuit instead
nm
It is a new lawsuit - but I think the point is the situation has already been settled - nm
x
You mean MORE than Berg the Boob?
x
I'm thanking God for Mr. Berg
who is standing up to defend the constitution. And no judge should be allowed to throw out a case based on political affiliation. Especially when the judge only signed a piece of paper faxed to him - a question on a lot of minds is "where was this fax from".
The Constitution of the United States is a document that outlines the basis of the federal (national) government of the USA. It was written in 1787 at the "Constitutional Convention," held in Philadelphia, Pennsylvania, in what we now call Independence Hall. The 55 men at the convention are called the "Founding Fathers" of the USA, and are also known as the "Framers of the Constitution." Some of the more famous of the framers are George Washington (the first President of the USA), James Madison (the fourth President of the USA), Benjamin Franklin, and Alexander Hamilton.
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
“We” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.
I think God people like Mr. Berg is proceeding to protect our rights.
What part of that do you consider "nutty".
Yes, Berg is a DEMOCRAT.
nm
Your mind is closed.
I have no desire to talk to the likes of you.
Phil Berg for Hillary?
Philip Berg is/was an avid Hillary Clinton supporter and filed his motions before the Democratic Convention, didn't he? Besides, the court has not made any demands on Obama to produce anything. He released his birth certificate and the Hawaiian birth announcement, nothing more is required.
Also if you check Obama's official website, you'll see that Michelle Obama has a busy campaigning schedule while her husband is in Hawaii. I don't know, but I don't think it's too strange to think that she may have felt it was important to continue campaigning during his absence at such a crucial time.
Berg appealing - Thank God for people like you
If someone wants a link I can provide, but here is basicially what it states. All I say is thank God there are people like Mr. Berg who are upholding the constitution and doing what is right. There needs to be a temporary halt until Obama's legitimacy can be proven. Up until now it has not.
Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is "NOT" qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court
For Immediate Release: - 10/25/08 -
UPDATE: Ruling attached at end. It's a really poor copy, but it is all we have for the moment. Willl put up a better copy when we get one.
(Lafayette Hill, Pennsylvania – 10/25/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.
Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.
This is a question of who has standing to uphold our Constitution. If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to question the eligibility of an individual to be President of the United States - the Commander-in-Chief, the most powerful person in the world - then who does?
So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.
According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.
What happened to ‘...Government of the people, by the people, for the people,...’ Abraham Lincoln in his Gettysburg Address 1863.
We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.
Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.
Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.
The lawsuit I am talking about was just filed this week...by some Democrat attorney...
in Pennsylvania. It may be the same material Bill and Hillary were going to go to court with...this is the first I heard that they personally were going to do it.
And Rendell said just this morning...saw it on the news...that he was "ashamed" of the way the press and fawned over Obama during the primaries much more than on Clinton. He did not say anything against Obama per se...just harangued the press for its biased coverage.
Also just heard a guy, and can't remember for the life of me what his organization is called...basically disgruntled Hillary supporters...who says that some 30% of her supporters are firmly deciding to support McCain...according to him, that's almost 3 million people. If that many Dems vote for McCain...don't know if Obama can overcome that.
I still say Hillary may say she supports Obama to the public, but in private I am thinking she is behind these people making waves because she wants Hillary in 2012.
It is really fascinating how this is playing out.
And only those with completely closed minds would
Years ago, it might have seemed ridiculous and been dismissed as a conspiracy theory that there were terrorists living amongst us right here in the USA, learning how to fly our planes, and being groomed for YEARS to attack and kill us on 9/11. Based on that alone, I would not for one second put it past a crazed bunch to groom someone from birth to serve their purpose.
Things that make you go hmmmm....
No one is trying to change your closed minds...
we are discussing, just like you are. O, as you call him, is the candidate of change...right down the slippery slope further into socialism. That is change I DON'T believe in. No amount of spin on his part is going to change that fact.
Actually you are proving that YOU have the closed mind here - sm
You know absolutely nothing about me. I hate Survivor and so-called reality TV - nothing more than the dumbing down of America, as far as I'm concerned.
Actually I don't know much about Mr Icke; granted he may be a deep thinker, in some ways. However, I think he is slightly off-kilter for that single book / theory about the reptilians. Can we judge his credibility regarding other ideas because of that book? Yes? Unless he's just spouting theories to make some $$ off the gullible public?? Possible, no?
I'm actually quite a fan of conspiracy theorists and those who think outside the box (esp coverups, religion, war, etc, in these horrific days of Bush-Cheney domination).
Good...that hellhole should be closed down
x
And...most of the shops are closed Saturdays
afternoon and Sundays.
This proves that Phil Berg is a hardhead who
twice failed legal action. So you still have presented nothing that back up your claim that this is still on the docket. By the way, ever heard of frivolous lawsuits. They are not confined to medical malpractice, dontcha know?
Why do you suppose that Berg the Boob's complaint
Use your noggen. IF he were able to prove (a) that Obama was born in Kenya, (b) that he was an Indonesian citizen whose mother had "renounced" (NOT) his US citizenship, and/or (c) that Obama's HAWAIIAN birth certificate was a forgery...don't you think that a complaint based on "standing," "harm" and/or "disenfranchisement" is a rather convoluted, roundabout way of "getting to the truth?" That burden of proof would be on him and he could not do it because, well...IT ISN'T TRUE
The judge has ruled. If a 34-page rendering is not enough to satisfy you, then Lord knows, there is no reasoning with this pathologic degree of denial. IT'S OVER. Finito. Kaput. Settled. Gone. There's NOTHING there. Period. The end. Time to let it go, already.
Berg is no leftie. He is simply a disenfranchised
and, NO, that does not make him a leftie. The dem party has a broad range of degree of conservativism vs liberalism. A fringe pub is not qualified to judge one way or the other who among the dems is left, right or center, since everyone left of them (including the majority of their own political party) are "lefties." Berg is a Hillary diehard, pure and simple. If you doubt this, just take a look at the timing of when he filed his law suit. He did not challenge O's eligibility until it became apparent that his own candidate was going to lose in the primaries.
Berg is no leftie. He is simply a disenfranchised
and, NO, that does not make him a leftie. The dem party has a broad range of degree of conservativism vs liberalism. A fringe pub is not qualified to judge one way or the other who among the dems is left, right or center, since everyone left of them (including the majority of their own political party) are "lefties." Berg is a Hillary diehard, pure and simple. If you doubt this, just take a look at the timing of when he filed his law suit. He did not challenge O's eligibility until it became apparent that his own candidate was going to lose in the primaries.
If Berg were able to successfully argue on the so-called
he would not be pursuing the "standing" argument. Don't you get that?
The embryos that are thrown away, just
exactly what are they going to grow into being? I am not rooting for abortion here, just asking about these in vitro fertilization embryos that are tossed aside, I want to know, what are they going to grow into? And as far as me not reading enough, I have read plenty enough, enough to know they don't know if this research will come up with a cure or not, I guess that is why they call it research.
Volunteers being thrown out
When I first read your post, I thought the votes were being thrown out!
You only would have been thrown in jail
to pay what you owed. Haven't any of you known or heard of someone that made an error on their taxes? Are the all incarcerated? Geez.
Closed minds don't get nourished and thus can't grow. nm
Typical closed-minded, my-way-or-the-highway,
(which means, "Waste of Our Time").
Actually, I find YOUR post closed-minded
nm
Absolutely right, Clinton was not thrown out
but you whining Reps cried because he lied about a BJ....ohhh my, how freakish, how awful, it might endanger what? But now we have a moron who is lying about even the simplest details, waging war, not at all a statesman, blowing OUR freedoms willy-nilly, the WORST president ever, anywhere on this globe. A complete idiot! and you fall for his crap hook, line and sinker. Shame on you! To give your rights, your liberties, your freedoms, your loyalties to the likes of him, or anyone for that matter, a moron with moronic ideas! and no sense of history. If he had a sense of history, he would have NEVER invaded Iraq. Who is the coward? The one who says talk first, or the one who says take my freedoms, anything to be safe? Our forefathers looked down a barrel of a gun for YOUR freedom, Bush did not even do his SAFE Reserve time! He makes me physically ILL.
You could've fooled me. Must have been thrown
nm
Doing spell checking on others can get you thrown off
I don't use spell check here and I definitely do not correct other's errors, see them all the time but know better than to do for the above reason. When you pay my check, then take note of any errors, ok?
Clinton was thrown out of the white house
think you better check your so-called facts.
Thrown Away Flags Story False
Days before the anniversary of September 11, on the same morning that John McCain and Barack Obama released a joint statement pledging to avoid politics in light of the anniversary of the terrorist attacks, McCain's campaign accused Democrats of throwing away 12,000 American flags.
"The campaign says the flags were recovered from Invesco Field after the Democrats concluded their convention there," Fox News reported, "and they are going to be used as part of the warm-up ceremonies before McCain takes the stage" for a rally in Colorado Springs, Col.
But according to a senior official involved in organizing the Democratic convention, the McCain camp is simply lying about the flags.
"All of the flags at Invesco were picked up and put in bags and into storage, along with the unused flags and campaign signs. The flags were going to be donated, and the signs were going to be sent out to be used elsewhere," the official said, speaking anonymously since he was not authorized to talk to the press.
Fox News' Carl Cameron and Bonney Kapp reported that they had "been told" that "a vendor at Invesco Field found the flags, which were going to be thrown out, and turned them over to the McCain campaign."
The Democratic convention official says that's not true.
"It's pretty reprehensible on their part," he said. "Someone made an assumption, took the flags, and essentially lied about what was going to happen to them. I mean, c'mon, we were never ever going to throw out flags."
Emails to three McCain spokespersons inquiring where the flags were found and how the McCain campaign obtained them were not returned.
UPDATE: DNC spokeswoman Karen Finney issues a statement: "American flags were proudly waved by the 75,000 people who joined Barack Obama at the Democratic Convention. John McCain should applaud that, but instead his supporters wrongfully took leftover bundles of our flags from the stadium to play a cheap political stunt calling into question our patriotism. On the same day he agrees to join Barack Obama at Ground Zero on September 11, John McCain attacks the patriotism of Obama supporters who so proudly waved the American flag at our historic event in Denver just days ago."
So you think it is more helpful to watch shoe being thrown
at our current leader than to hear about the new administration's cabinet members?
Mercy me honey, the facts were thrown
out to ya left and right all over the place before the election and those like yourself just turned a blind eye; why bother now? Closed minded people just choose to stay that way......they can't get past O loving selves.
Those are just bones thrown in hoping to pacify
some us who smell something foul. Charges "can" be filed against him again. And for now he is "still in custody." Pretty soon, Gitmo will be closed and they won't have sufficient evidence to refile charges and they will say they have no choice but to release him...
That's my prediction.
Yeah, and Bill Clinton should have been thrown out
nm
With the President meeting with the Republicans in closed door talks to come to agreements,.....sm
find middle ground, listen to their concerns, and try to modify where needed? Condemn and Condemn, has a Republican come forward with an alternative package? George was handing out money o the banking pirates before he left office, remember?
Built into this plan, which is very complex, are social programs for schools, which are going down fast, health aid, food stamps for those who have lost their jobs and need to eat while looking for new jobs that Obama is tring to create, funds to build companies to work with alternative energy and green solutions to get us less dependent on foreign oil and stop poisoning our earth.....
There is no quick fix!!! Just like the Great Depression, it is going to take time to reap all the benefits from this package, but they are meant to be real, lasting jobs and benefits to our society, not a quick boo-boo bandaide,which is all that Bush could provide with his quickie tax rebates!!!! Take off the jaundiced glasses and blinders, forget party lines and affiliations, and just go to MSN or CNN and read the copious outlines there.
Tests can be thrown, college admissions bought and sold
Since when can IQ be extrapolated from SAT test scores? I'd appreciate a source citation so I can read up on that, unless you are going on those lame IQ test websites that have assigned W, O and Michelle's IQ all at 125. Fact is, brilliant people have been known to score low on SAT for a variety of reasons so that argument is not terribly convincing.
I'm going strictly on such measures as butchery of his native tongue, i.e., inability to form more than monosyllabic 6-word sentences without a teleprompt or cue cards, how challenged he is to complete a whole thought and his dependence on behind-the-scenes heavyweights to engineer his campaigns and run his presidency, just to name a few.
W was denied admission to St. John's Academy (HS) and UT School of Law. This does not happen for no reason. His distinguishing accomplishment at his Dad's alma mater was joining the secret society of the Skull and Bones brotherhood. I'm a firm believer that strings were pulled on his behalf (as they were on so many other occasions) to get him into the ivy league track, unlike Obama, who did it the old-fashioned way (scholastic achievement) when he transferred to Columbia and was ultimately admitted to Harvard, where he graduated magna cum laude.
Bush does have an impressive record of failing at almost everything he every tried to do before (and after) his political career: In abstentia service in the National Guard, bombed election bid for the Texas House of Representatives in 1978, and an oil company that went bust which he left under a cloud of suspicion of insider trading. He did manage to capitalize on his 5-year dalliance with the Texas Rangers baseball team (could't really call what he did there REAL work) just long enough to get good name recognition for his run for gov and make a profitable sale of his shares in the team.
This less than stellar performance was totally eclipsed by the multitude of screw-ups while in office, way too much to get into in the confines of this forum. Bottom line for me is that his behavior and performance is very uninspiring, less than mediocre and not at all suggestive of much in the way of creativity or intellect....in other words, the polar opposite of the O. Hence the statement, IQ is good for the country. The wisdom angle was somebody else's attempt to side-step the issue of W's stupidity.
get off my case
Did it irk you that I asked AG to post here? Did it get you so upset that you had to repost a previous post? For pete sake, what is your problem? You are filled with hate, absolute hate and anger. You need to chill. When you disagree with someone, you continue on and on and on and on, never letting up with the other person. GET OFF MY CASE. If my posts enrage you as so obviously they do, DO NOT READ THEM. You are so whacked out that you state I would chain myself to the WH with explosives. When I read that, I just about coughed up the soda I was drinking I could not believe any sane person would post something like that. As much as I know you are an angry person, no doubt with rage in your heart, I would NEVER EVER think that of you or post something so evil like that about you. Now, Im saying good bye to you as its obvious through you posts over time you cannot post to me without attacking me, so skip my posts, delete them and MYOB when it comes to me and my opinions.
I second Kam's why. I also don't believe that that will be the case s/m
If you are looking at the primary turnouts, record numbers are turning out on the Democrat side, and on the Republican side fewer are turning out than did in 2004 and 2000, and if that trend continues it bodes well for whatever Democratic candidate ultimately gets the nomination. Also, should that candidate be Hillary Clinton, what candidate on the Republican side is, for lack of a better word, sweeping the voters off their feet, whether with agenda or personality? McCain? Huckabee? Romney?, which one?
Actually, the only two candidates that I think have the qualities of real zeal and enthusiasm are Barack Obama and Ron Paul. Ron Paul isn't going to get the nomination, Obama may or may not, and if not, if the Democrat turnouts remain high, and in general the country truly wanting a different direction, they are going to elect a Democrat this time, and if it is Clinton she will be elected, even if she has no more zeal or charisma than Huckabee, McCain or Romney.
That's what I think anyway.
Just in case.
You accused me earlier of being a racist and posting racist posts. I challenged you to find one post I did and you can't find one. You tried to use something I said after you accused me. I also read through all my posts and there are no racist remarks. When I referred to Michelle not talking like a black woman I was referring to your typical stereotyping us because we don't always talk or write the way you think all black people do. You stereotype and assumed I was white because why, I didn't talk like my friends? I'll say it again. Michelle Obama is one classy lady.
You know one thing I was taught growing up is if I'm ever wrong to at least have the decency to say I'm wrong and am sorry, but I guess not everyone is like that.
You are just wrong.
Of course he would do it in that case, anyone would (sm)
They shouldn't have to do elective abortions that are not for the health of the mother unless it is something they believe in. They should not be forced to do it. It is unethical to ask someone to do something they think is wrong. It would be unethical to ask a non-Christian to pray with a patient if they felt it was against their religion, even if the patient asked for it. In these cases, they should have someone else do it, who does not feel it is against their beliefs.
yes, but the pie man in this case...
was forced to sell pies on credit to people who could never pay for them by whom?.....NOT Bush.
In this case
x
In this case.........
it is convenient to maintain the belief that life begins with conception and ends at birth...........
Oh, right. If that is the case, he should have been
nm
Hardly the case.
Bush escaped that microsope you mentioned in the mainstream media until the kick-off of the 2008 election primaries. There was next to NO scrutiny of his ineptitude prior to that. Talk about getting a free pass. Besides that, there is little to no substance in this witch hunt so far and it is certainly nothing to fear, especially with those lopsided numbers in the House and Senate that have essentialy put the pubs into exile. I'm just starting to kick back and get comfortable and am going to enjoy watching every single last second of it all.
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